From: Tsachi Keren-Paz <>
To: Nate Oman <>
obligations <>
Date: 18/06/2015 20:46:42 UTC
Subject: Re: Discrimination and Tort

Use of common law tort was rejected on grounds of pre-emption in Canada:
Seneca v Bhadauria [1981] 2 SCR 181.

In Israel there is a lower court decision imposing liability in
negligence: CC (Tel-Aviv) 15/97 Shamsian v Ganet Rosmary, 14 Dinim
Shalom 402.

I have defended the use of the tort of negligence to combat
discrimination in chapter 7 of my 2007 book: Torts, Egalitarianism and
distributive Justice (Ashgate).

You might also want to look at Amnon Reichman's 'Professional Status and
the Freedom to Contract: Toward a Common Law Duty of non-discrimination'
14 Can JLJ (2001) 79.

best wishes,


Professor Tsachi Keren-Paz
Research Director, School of Law
Keele University
Staffordshire ST5 5BG
Office: CBC 2.015
Phone: 01782 734358
New book: Sex Trafficking: A Private Law Response (Routledge 2013)

On 18/06/2015 20:30, Nate Oman wrote:
> Is anyone on the list aware of cases in any jurisdiction where
> discrimination by a business against customers has been treated as a
> common law tort rather than a violation of antidiscrimination statutes
> or regulations?
> ~~~~~~~~~~~~~~~~~~~~~~~~
> Nathan B. Oman
> Taylor Research Professor
> Marshall-Wythe School of Law
> The College of William & Mary
> P.O. Box 8795
> Williamsburg, VA 23187
> (757) 221-3919
> "We lived in the hope that, if we survived and were good, God would
> allow us to become pirates." --Mark Twain